Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality
Disclosure of Evidence in Private Enforcement of Competition Law: Art. 5 of the Damages Directive and the Need for an Individual Balancing of Interests (Judgment in C-163/21 – PACCAR et al.)
On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…